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Is CBD oil legal In Florida?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Florida CBD laws
  4. Where to buy CBD in Florida
  5. How to read CBD labels and packaging

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CBD oil has exploded in popularity thanks to the many potential therapeutic properties associated with

Yes. Hemp-derived cannabidiol (CBD) oil is legal in Florida and medical marijuana patients have access to CBD oil with higher levels of THC.

Since the passage of the Hemp Farming Act of 2018, which provided states with the power to legislate and establish frameworks for hemp and hemp-derived products, lawmakers in Florida have been crafting the state’s rules regarding industrial hemp and hemp-derived CBD. While many rules remain pending as policymakers finalize details, the bulk of Florida’s hemp and hemp CBD laws are now in place.

Currently, CBD products are legal in Florida as long as they were extracted from hemp plants with less than .3% THC by weight. Registered medical marijuana patients in Florida have access to CBD products with higher levels of THC.

What is CBD?

CBD is the cannabis plant’s second most prevalent cannabinoid. Generally speaking, CBD is said to offer several therapeutic and medicinal qualities without the intoxicating buzz. CBD can be sourced from both marijuana and hemp plants, which are legal in most areas, as they contain only trace amounts of THC.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

Researchers have identified a number of potential health benefits linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. The chemical has shown promise in treating numerous health conditions, ranging from epilepsy and other seizure disorders, to neurological conditions like Alzheimer’s disease, to mood disorders such as depression, anxiety, and psychosis, to pain, cancer, and much more.

As research remains ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in various medical applications.

Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to produce intoxicating effects, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The law swept all cannabis into the Schedule I category, which defines a substance as having a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The Hemp Farming Act of 2018, which was signed by President Donald Trump on Dec. 20, 2018, legalized industrial hemp cultivation on the federal level and created a pathway to remove some cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is classified as cannabis that contains less than .3% THC by weight, while marijuana is cannabis that contains more than .3% THC and is therefore still categorized as Schedule I.

The Farm Bill also granted the US Food and Drug Administration (FDA) the power to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products, leading to confusion in the market. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

The federal legislation places regulations on the production and sale of hemp, including hemp-derived CBD products. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Florida CBD laws

CBD laws in Florida have undergone several changes in recent years. In 2014, Florida lawmakers approved SB 1030, which legalized low-THC CBD oil for qualifying medical marijuana patients registered in the state program. Florida’s first rudimentary medical marijuana program made it legal for patients with cancer, muscle spasms, seizures, and terminal illness to obtain a doctor’s recommendation to purchase, possess, and consume medical cannabis containing 10% or more of CBD and no more than .8% of THC.

In 2016, voters approved Amendment 2,which significantly expanded the state’s medical marijuana program, but still did not allow for smokable forms of marijuana. After the Florida Supreme Court struck down the ban on smokable marijuana, lawmakers in March 2019 passed SB 182, which was signed by Republican Gov. Ron DeSantis. Today, registered medical marijuana patients have access to medical cannabis products that contain high levels of both THC and CBD.

During this same time period, other more CBD-specific laws in Florida were evolving alongside the medical marijuana program. SB 1020, which was passed by state lawmakers in July 2019, is by far the most important piece of legislation affecting CBD oil in Florida. This law introduced several key changes:

  • In keeping with the 2018 Farm Bill, SB 1020 explicitly legalized hemp, which the law defined as a plant containing less than .3% THC by weight, the same as the federal standard.
  • The law also legalized hemp extracts, defined as any substance derived from legal hemp plants that do not contain other controlled substances and are intended for ingestion.
  • Legalizing CBD specifically, SB 1020 stated that hemp-derived cannabinoids are not controlled substances.

To grow and process hemp and hemp extracts, such as CBD oil, a person or business must apply for a state license. All hemp products must also be tested by a licensed independent laboratory, certifying that the product contains no more than 0.3% THC and does not have any contaminants.

CBD and weed

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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CBD and weed

Florida CBD possession limits

Florida has not set any limits on how much CBD a person is allowed to possess.

Medical marijuana patients with a physician’s recommendation may purchase and possess up to four ounces of cannabis from state-licensed dispensaries.

Where to buy CBD in Florida

Florida has not implemented any clear restrictions on the types of businesses that can sell CBD and products like CBD oil. You can find hemp CBD products online and at a broad range of stores, convenience shops, health food stores, CBD shops, and even a growing number of cafes, restaurants, and coffee shops. You can purchase CBD online or in a shop.

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can find trusted CBD brands on Weedmaps.

When shopping for CBD products, look for important product details including the form of CBD, how much CBD the product contains, what other chemicals or ingredients are in the product, and whether it has been tested for potency and contaminants.

When purchasing from a shop, especially if it’s a CBD specialist, you should ask for in-person help and expertise from an employee. Explain what you’re looking for and your reasons for consuming CBD, and they should point you in the right direction. Registered medical marijuana patients can purchase CBD products that contain higher levels of THC.

How to read CBD labels and packaging

Florida law stipulates that legal CBD products must be distributed and sold with a label that includes:

  • A scannable barcode or QR code linked to a certificate stating that the product has cleared lab testing.
  • The product’s batch number.
  • Website on which full batch information is available.
  • Expiration date.
  • Amount of hemp extract in the product, in milligrams.
  • Statement that the product contains less than .3% THC.

Aside from Florida’s specific requirements, most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.

CBD oil

One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate. Photo by: Gina Coleman/Weedmaps

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CBD oil

Full spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

CBD isolate is a product that has gone through more intensive processing to remove everything except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal In Florida? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Florida CBD laws Where to

Where to Buy CBD Oil in Florida in 2021

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CBD oil is a booming industry across the United States. By 2022, industrial-hemp product sales are on track to reach more than 1.9 billion US dollars.

If you’re looking to buy CBD oil in Florida this article will answer your questions about local laws and the best places to buy online and in-store.

Some of the most common uses of CBD oil are to treat seizures, pain, anxiety and as an anti-inflammatory. As research on CBD oil continues, more applications are being discovered every day.

Your best bet for finding quality CBD oil products in Florida is usually to purchase them online. However, there are many places locally that carry CBD oil in-store.

First, let’s examine the laws regarding marijuana in the state of Florida.

Table of Contents
  • Buy CBD Oil in Florida:
  • Is CBD Legal In Florida?
  • Buying CBD Oil Online in Florida
  • Is Marijuana Legal in Florida?
    • The History of Cannabis Laws in Florida
    • Medical Marijuana in Florida
      • You Must Be Suffering from a Debilitating Medical Condition.
  • Recommended CBD Retailers in Florida
    • Miami
    • Orlando
    • Jacksonville
  • Final Notes on Buying CBD Oil in Florida

Buy CBD Oil in Florida:

  • Royal CBD Oil — Best CBD Oil Overall
  • Gold Bee CBD Gummies — Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil — Best CBD Isolate Oil
  • Industrial Hemp Farms — Best CBD Flower
  • Honest Paws CBD Oil For Dogs — Best CBD Oil For Dogs

Is CBD Legal In Florida?

CBD oil can come in a few different forms. You can find it in tinctures, creams, balms, wax, vape juice and even in products for your pets.

Additionally, it can be extracted from both flowering marijuana and industrial hemp plants.

The vital thing to know is that the law changes depending on what the source of your CBD oil is.

CBD oil produced using flowering marijuana plants will generally contain a higher amount of THC, which will cause the user to feel high.

If the CBD oil is produced from an industrial hemp plant, it will contain less than 0.3% THC. This means that using these types of CBD oils don’t cause the high associated with marijuana.

In 2014, the United States government updated the Agricultural Act to allow industrial hemp to be grown as an agricultural commodity. The primary purpose of industrial hemp under the Farm Bill is to be grown for research purposes. However, the bill also made the sale of hemp products legal on the federal level.

According to the Farm Bill of 2014, the sale of CBD oils is legal under Federal law as long as the THC content remains below 0.3%. The bill prevents the federal intervention of industrial hemp products provided the THC content doesn’t pass this limit.

Federally, CBD oils are containing more than 0.3% THC are still illegal and considered a Schedule I drug along with heroin, meth, and LSD.

Under Florida law, you may only buy CBD oil with a THC content higher than 0.3% from a licensed dispensary. Also, you must have a valid medical marijuana card from a licensed physician.

If you don’t meet the requirements for a medical marijuana license, you can still purchase industrial hemp CBD oil legally in Florida.

Industrial hemp CBD products are usually easiest to purchase online and get them sent straight to your door. However, you may be able to find some local options in vape stores, head shops, and natural health outlets.

Check our guide below for finding the best CBD oil products in Florida online and in-store.

Buying CBD Oil Online in Florida

Purchasing CBD oil online is by far the most convenient way to find reliable products in Florida.

Online suppliers generally have better deals than those you would find in-store. You can save a lot of money by taking advantage of bulk sales and special offers.

When compared to shopping in-store, it’s much easier to compare products from several companies quickly, without the need to drive around searching for local suppliers.

It’s important that you do your research about the products you purchase. Many companies are selling products with significantly less CBD than advertised. Others contain unwanted chemicals, including solvents and pesticides.

Making your purchase online allows you to research the company and its products quickly.

Protect yourself from sketchy products by making your purchase with a trustworthy online supplier.

If you would prefer to shop in-store, check out our list of places in Florida who may be able to point you in the right direction.

Is Marijuana Legal in Florida?

Marijuana has a long and complicated history in the United States.

Currently, 33 states have legalized medical marijuana and 10 states and Washington D.C. that have legalized marijuana for recreational use.

Florida law currently allows marijuana for medicinal purposes, but it was a long uphill battle to get there.

The History of Cannabis Laws in Florida

In 1933, a young man named Victor Licata used an ax to murder his parents, two brothers, and sister. He had been previously treated for mental illness, but the police report and press attributed his violent outburst to marijuana cigarettes.

This led the chief of the Tampa Police Department to pledge himself to marijuana prohibition.

Additionally, the local newspapers printed articles stating that marijuana is a poisonous, mind-wrecking substance that should have never been allowed in the United States.

Marijuana was not off to a good start in Florida.

In 1985, a Florida watermelon farmer was found with marijuana plants on his land. The state convicted him and received probation.

5 years later, the federal government prosecuted him and sentenced him to life in prison for the same offense.

Once, it was terrifying to grow or possess marijuana in America.

Currently, possession for under 20 grams of marijuana can land you in prison for 1 year with a fine. Anything over 20 grams can get you up to 5 years in the clink. Your driver’s license may also get suspended even if your crime was unrelated to driving.

Although the laws in Florida still don’t allow recreational marijuana use, it’s possible to receive a medical marijuana license.

Medical Marijuana in Florida

The state made its first steps towards medical marijuana in 2014 when governor Rick Scott passed Senate Bill 1071, which approved a single non-euphoric strain of marijuana (called “Charlotte’s Web”) to be used as a medication for those who have epilepsy.

Charlotte’s Web is low in THC and therefore doesn’t get the user high.

Florida then passed the Florida Amendment 2 (Florida Medical Marijuana Legalization Initiative) in 2014, which would have allowed the use of marijuana for a limited number of medical conditions but it ultimately failed the public vote. Florida requires a supermajority of 60% while Amendment 2 fell just short at 57.62%.

Florida lawmakers reintroduced Amendment 2 in 2016, which succeeded with 71.32% of the votes. Medical marijuana was now available for Floridians in need.

Although the Florida Medical Marijuana Legalization Initiative went into effect in January 2017, there are specific conditions that need to be met to receive medical marijuana.

The specific conditions that need to be met include:

You Must Be Suffering from a Debilitating Medical Condition.

Accepted medical marijuana conditions include one or more of the following:

  1. Cancer
  2. Epilepsy
  3. Glaucoma
  4. HIV/AIDS
  5. PTSD
  6. ALS
  7. Crohn’s Disease
  8. Parkinson’s Disease
  9. Multiple Sclerosis
  10. Any other debilitating medical condition of similar nature where a physician feels marijuana would benefit the patient would benefit.

If you’re suffering from one of those conditions, you may be eligible for medical marijuana in Florida.

Before rushing off to apply for a medical marijuana license, you must also fill these requirements:

  1. You must be a Florida resident.
  2. If under the age of 18, you must have a second physician agree to the use of low-THC cannabis or medical cannabis to obtain an order from a qualified physician.
  3. You must have tried other treatments without success.
  4. An ordering physician must determine the risks of using low-THC cannabis or medical cannabis are reasonable in light of the benefit to you.
  5. You must be registered with the Compassionate Use Registry by their ordering physician.

To apply for a medical marijuana certificate in Florida, you need to get a certification from a licensed doctor recommending marijuana as a treatment for your condition. There is a $75 fee for applying.

To complete the application process, you must download the Compassionate Use Registry Identification Card Application and mail it to the Florida Department of Health at:

Florida Department of Health
ATTN: Office of Compassionate Use
4052 Bald Cypress Way
Tallahassee, FL 32399

Note: Your doctor must be registered with the Medical Marijuana Use Registry, and you must be a patient with that doctor for at least 3 months before applying.

Unfortunately, under Florida Amendment 2 you aren’t allowed to grow your weed.

Even if you have a medical marijuana card, only licensed Medical Marijuana Treatment Centers may grow and cultivate weed.

Once you’ve received a certificate from a licensed doctor and have been approved by the registry, you can purchase your bud in dispensaries.

On March 18, 2019, Gov. Ron DeSantis signed Senate Bill 182. This Act set clear limits on medical marijuana amounts.

Your physician may not certify you with more than six 35-day supplies of smokable marijuana. One 35-day supply is limited to 2.5 ounces, but you may not possess more than four ounces at any one time.

If needed, your physician can recommend a quantity limit exception which must be approved by the Department of Health.

Recommended CBD Retailers in Florida

Here is a shortlist of good places to try. See if you can find your city!

Miami

  1. Trulieve Miami
  2. Miami 420 Marijuana Doctor
  3. VaporFi
  4. Miami Vapor Shop
  5. Miracle Leaf Medical Marijuana Doctor

Orlando

  1. Orlando 420 Marijuana Doctor
  2. KNOX Cannabis Dispensary
  3. Fast Eddie’s Vape Shop
  4. ISMOKE OUTLET
  5. Trulieve Orlando

Jacksonville

  1. Trulieve Jacksonville
  2. Laughing Grass
  3. Blackhat Vapor
  4. New Leaf Vapor Company
  5. Your CBD Store

Remember to do your research on your CBD oil products before committing to a purchase. If you don’t see your city on our list, check out a reliable online store for your CBD needs.

Final Notes on Buying CBD Oil in Florida

If you are looking to buy CBD oil in Florida, you can find the best products online, or you can ask at a local shop for some advice.

The CBD oil industry can be tricky to navigate due to its loose regulation. We always recommend purchasing online to ensure that you get the best products at a great price.

If you educate yourself about the laws and regulations regarding marijuana and hemp products, you will have no problem tracking down a dependable supplier for all of your CBD needs in Florida.

Looking to buy legal CBD oil in Florida? This article will break down the laws and regulations. Here's how to buy CBD oils in Florida.